HomeMy WebLinkAboutItem 26 - Corps of EngineersMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: MAY 6, 2025
SUBJECT: APPROVE U.S. ARMY CORPS OF ENGINEERS LICENSE FOR
GRAPEVINE UTILITIES
RECOMMENDATION: City Council to consider approval of a license agreement with the U.S.
Army Corps of Engineers to allow for utilities near Cimarron Trail.
FUNDING SOURCE: Funds are available in the Utility Enterprise Fund and estimated to be
$1,660.
BACKGROUND: The City has many facilities located on U.S. Army Corps of Engineers
(USACE) property that serve surrounding developments. The USACE
continues to identify and grant long-term license agreements for these
assets. Two such assets are the sanitary sewer line and lift station near
Stoneway Drive and a drainage outfall on Cimarron Trail (see Exhibit A).
This agreement (DACW63-2-25-0592) will allow the City to operate and
maintain these facilities for a 50-year term that will expire May 2075 and
has a $1,660 cost.
This easement replaces the existing easement (DAWC63-2-74-0132) that
was signed in December 1973 for a 50-year term.
Staff recommends approval.
EASEMENT NO. DACW63-2-25-0592
Replaces No. DACW63-2-74-0132
DEPARTMENT OF THE ARMY
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LOCATED ON
GRAPEVINE LAKE
TARRANT COUNTY, TEXAS
THE SECRETARY OF THE ARMY under and by virtue of the authority vested in
the Secretary by Title 10, United States Code, Section 2668, having found that the
granting of this easement will be in the public interest and will not substantially injure the
interests of the United States, hereby grants to City of Grapevine, hereinafter referred to
as the Grantee, an easement for a sanitary sewer pipeline with lift station and a storm
drainage outfall, of various lengths and widths, approximately 0.235 acre, hereinafter
referred to as the Facilities, over, across, in and upon the lands of the United States as
identified in EXHIBITS A — MAP, B — SURVEY, and C — LEGAL DESCRIPTION,
hereinafter referred to as the Premises, and which are attached hereto and made a part
hereof.
THIS EASEMENT is granted subject to the following conditions:
1. TERM
This easement is granted for a term of fifty (50) years, beginning
June 1, 2025 and ending May 31, 2075.
2. CONSIDERATION
The consideration for this easement shall be the construction, operation, and
maintenance of the sanitary sewer pipeline, lift station, and storm drainage outfall for the
benefit of the general public and the United States in accordance with the terms and
conditions hereinafter set forth.
3. NOTICES
All correspondence and notices to be given pursuant to this easement shall be
addressed, if to the Grantee, to City of Grapevine Public Works, 200 S. Main Street,
Grapevine, Texas 76051; and if to the United States, to the Real Estate Contracting
Officer, Attention: Real Estate Contracting Officer, CESWF-RE-M, Post Office Box
17300, Fort Worth, Texas 76102-0300, or as may from time to time otherwise be
directed by the parties. Notice shall be deemed to have been duly given if and when
Page 1 of 8
EASEMENT NO. DACW63-2-25-0592
enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and
deposited, postage prepaid, in a post office regularly maintained by the United States
Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary",
"Real Estate Contracting Officer", or "said officer" shall include their duly authorized
representatives. Any reference to "Grantee" shall include assignees, transferees and
their duly authorized representatives.
5. SUPERVISION BY THE REAL ESTATE CONTRACTING OFFICER
The construction, operation, maintenance, repair or replacement of said
Facilities, including culverts and other drainage Facilities, shall be performed at no cost
or expense to the United States and subject to the approval of the Real Estate
Contracting Officer, Fort Worth District, hereinafter referred to as said officer. Upon the
completion of any of the above activities, the Grantee shall immediately restore the
Premises to the satisfaction of said officer. The use and occupation of the Premises for
the purposes herein granted shall be subject to such rules and regulations as said
officer prescribes in writing from time to time.
6. APPLICABLE LAWS AND REGULATIONS
The Grantee shall comply with all applicable Federal, state, county and municipal
laws, ordinances and regulations wherein the Premises are located.
7. CONDITION OF PREMISES
The Grantee acknowledges that it has inspected the Premises, knows the
condition, and understands that the same is granted without any representation or
warranties whatsoever and without any obligation on the part of the United States.
8. INSPECTION AND REPAIRS
The Grantee shall inspect the Facilities at reasonable intervals and immediately
repair any defects found by such inspection or when required by said officer to repair
any such defects.
9. PROTECTION OF GOVERNMENT PROPERTY
The Grantee shall be responsible for any damage that may be caused to
property of the United States by the activities of the Grantee under this easement, and
shall exercise due diligence in the protection of all property located on the Premises
against fire or damage from any and all causes. Any property of the United States
Page 2 of 8
EASEMENT NO. DACW63-2-25-0592
damaged or destroyed by the Grantee incident to the exercise of the privileges herein
granted shall be promptly repaired or replaced by the Grantee to a condition satisfactory
to said officer, or at the election of said officer, reimbursement made therefor by the
Grantee in an amount necessary to restore or replace the property to a condition
satisfactory to said officer.
10. RIGHT TO ENTER
The right is reserved to the United States, its officers, agents, and employees to
enter upon the Premises at any time and for any purpose necessary or convenient in
connection with government purposes, to make inspections, to remove timber or other
material, except property of the Grantee, to flood the Premises and/or to make any
other use of the lands as may be necessary in connection with government purposes,
and the Grantee shall have no claim for damages on account thereof against the United
States or any officer, agent, or employee thereof.
11. TRANSFERS AND ASSIGNMENTS
Without proper written approval by said Real Estate Contracting Officer, the
Grantee shall neither transfer no assign this easement or any part thereof nor grant any
interest, privilege or license whatsoever in connection with this easement. The
provisions and conditions of this easement shall extend to and be binding upon and
shall insure to the benefit of the representatives, successors and assigns of the
Grantee.
12. INDEMNITY
The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges herein
granted, or for damages to the property or injuries to the person of the Grantee's
officers, agents, or employees or others who may be on the Premises at their invitation
or the invitation of any one of them, and the Grantee shall hold the United States
harmless from any and all such claims not including damages due to the fault or
negligence of the United States or its contractors.
13. SUBJECT TO EASEMENTS
This easement is subject to all other existing easements, or those subsequently
granted as well as established access routes for roadways and utilities located, or to be
located, on the Premises, provided that the proposed grant of any new easement or
route will be coordinated with the Grantee, and easements will not be granted which
will, in the opinion of said officer, interfere with the use of the Premises by the Grantee.
Page 3 of 8
EASEMENT NO. DACW63-2-25-0592
14. REQUIRED SERVICES
The Grantee shall furnish through said Facilities such services as may be
required from time to time for governmental purposes, provided that payment for such
service will be made by the United States at rates which shall be mutually agreeable but
which shall never exceed the most favorable rates granted by the Grantee for similar
service.
15. RELOCATION OF FACILITIES
In the event all or any portion of the Premises occupied by the said Facilities
shall be needed by the United States, or in the event the existence of said Facilities is
determined to be detrimental to governmental activities, the Grantee shall from time to
time, upon notice to do so, and as often as so notified, remove said Facilities to such
other location on the Premises as may be designated by said officer. In the event said
Facilities shall not be removed or relocated within ninety (90) days after such notice, the
United States may cause such relocation at the sole expense of the Grantee.
16. TERMINATION
This easement may be terminated by the Secretary upon 30 days written notice
to the Grantee if the Secretary shall determine that the right-of-way hereby granted
interferes with the use or disposal of said land by the United States, or it may be
revoked by the Secretary for failure of the Grantee to comply with any or all of the
conditions of this easement, or for non-use for a period of two (2) years, or for
abandonment.
17. SOIL AND WATER CONSERVATION
The Grantee shall maintain, in a manner satisfactory to said officer, all soil and
water conservation structures that may be in existence upon said Premises at the
beginning of or that may be constructed by the Grantee during the term of this
easement, and the Grantee shall take appropriate measures to prevent or control soil
erosion within the right-of-way herein granted. Any soil erosion occurring outside the
Premises resulting from the activities of the Grantee shall be corrected by the Grantee
as directed by said officer.
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a. Within the limits of their respective legal powers, the parties hereto shall
protect the Premises against pollution of its air, ground and water. The Grantee shall
comply with any laws, regulations, conditions or instructions affecting the activity hereby
authorized if and when issued by the Environmental Protection Agency, or any Federal,
state, interstate or local governmental agency having jurisdiction to abate or prevent
pollution. The disposal of any toxic or hazardous materials within the Premises is
Page 4 of 8
EASEMENT NO. DACW63-2-25-0592
specifically prohibited. Such regulations, conditions, or instructions in effect or
prescribed by the said Environmental Protection Agency, or any Federal, state,
interstate or local governmental agency are hereby made a condition of this easement.
The Grantee shall not discharge waste or effluent from the Premises in such a manner
that the discharge will contaminate streams or other bodies of water or otherwise
become a public nuisance.
b. The use of any pesticides or herbicides within the Premises shall be in
conformance with all applicable Federal, state, interstate, and local laws and
regulations. The Grantee must obtain approval in writing from said officer before any
pesticides or herbicides are applied to the Premises.
c. The Grantee will use all reasonable means available to protect the
environment and natural resources, and where damage nonetheless occurs arising from
the Grantee's activities, the Grantee shall be liable to restore the damaged resources.
19. ENVIRONMENTAL BASELINE SURVEY
An Environmental Baseline Survey (EBS), documenting the known history of the
property with regard to the storage, release or disposal of hazardous substances
thereon, is attached hereto and made a part hereof as EXHIBIT D. Upon revocation or
termination of this easement, another EBS shall be prepared which will document the
environmental condition of the property at that time. A comparison of the two surveys
will assist the said officer in determining any environmental restoration requirements.
Any such requirements will be completed by the Grantee in accordance with the
condition on RESTORATION.
20. HISTORIC PRESERVATION
The Grantee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archeological, architectural or other cultural artifacts, relics,
remains, or objects of antiquity. In the event such items are discovered on the
Premises, the Grantee shall immediately notify said officer and protect the site and the
material from further disturbance until said officer gives clearance to proceed.
21. NON-DISCRIMINATION
a. The Grantee shall not discriminate against any person or persons because of
race, color, age, sex, handicap, national origin or religion.
b. The Grantee shall not discriminate against any person or persons or exclude
them from participation in the Grantee's operations, programs or activities because of
race, color, religion, sex, age, handicap or national origin in the conduct of operations
on the Premises. The Grantee will comply with the Americans with Disabilities Act and
Page 5 of 8
EASEMENT NO. DACW63-2-25-0592
attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published
by the Architectural and Transportation Barriers Compliance Board.
22. RESTORATION
On or before the termination or revocation of this easement, the Grantee shall,
without expense to the United States and within such time as said officer may indicate,
restore the Premises to the satisfaction of said officer. In the event the Grantee shall fail
to restore the Premises, at the option of said officer, said improvements shall either
become the property of the United States without compensation therefore, or said
officer shall have the option to perform the restoration at the expense of the Grantee,
and the Grantee shall have no claim for damages against the United States or its
officers or agents for such action.
23. DISCLAIMER
This instrument is effective only insofar as the rights of the United States in the
Premises are concerned; and the Grantee shall obtain such permission as may be
required on account of any other existing rights. It is understood that the granting of this
easement does not eliminate the necessity for obtaining any Department of the Army
permit which may be required pursuant to the provisions of Section 10 of the Rivers and
Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean
Water Act (33 U.S.C. § 1344), Section 408 (33 U.S.C. § 408) or any other permit or
license which may be required by Federal, state, interstate or local laws in connection
with the use of the Premises.
24. DETERMINATION REGARDING EXECUTIVE ORDER 13658
a. It has been determined this contract is not subject to Executive Order 13658 or
the regulations issued by the Secretary of Labor in 29 CFR Part 10 pursuant to the
Executive Order.
b. If a duly authorized representative of the United States discovers or
determines, whether before or subsequent to executing this contract, that an erroneous
determination regarding the applicability of Executive Order 13658 was made,
contractor, to the extent permitted by law, agrees to indemnify and hold harmless the
United States, its officers, agents, and employees, for and from any and all liabilities,
losses, claims, expenses, suites, fines, penalties, judgments, demands or actions,
costs, fees, and damages directly or indirectly arising out of, caused by, related to,
resulting from or in any way predicated upon, in whole or in part, the erroneous
Executive Order 13658 determination. This includes contractor releasing any claim or
entitlement it would otherwise have to an equitable adjustment to the contract and
indemnifying and holding harmless the United States from the claims of subcontractors
and contractor employees.
Page 6 of 8
EASEMENT NO. DACW63-2-25-0592
25. DETERMINATION REGARDING EXECUTIVE ORDER 13706
It has been determined this contract is not subject to Executive Order 13706 or
the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the
Executive Order.
26. ADDED CONDITIONS
a. Sewer lines and manholes shall be of a sealed waterproof construction,
including the manhole cover which shall be bolted down on a water -tight gasket. The
watertight cover will not be required if the top of the manhole is at or above the flowage
easement elevation.
b. Lift stations shall be of a sealed waterproof construction, and the top shall not
be lower than 5 feet above the 50-year flood frequency elevation. Lift stations shall be
provided with waterproof electric lines and connections, and with operating controls
located above the flowage easement elevation to allow continued operation of the lift
station when water reaches that elevation. Lift stations will not be required to be of a
sealed waterproof construction if the top is at or above the flowage easement elevation.
c. The grantee shall maintain a fence on the portion of the Government property
line which lies adjacent to its easement area.
THIS EASEMENT is not subject to Title 10, United States Code, Section 2662,
as amended.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 7 of 8
EASEMENT NO. DACW63-2-25-0592
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army this day of )2025.
Lee A. Flannery
Deputy Chief, Real Estate Division
Real Estate Contracting Officer
THIS EASEMENT is also executed by the Grantee this day of
2025.
City of Grapevine
Signature
Title
Page 8 of 8
CERTIFICATE OF AUTHORITY
I, (Name), certify that I am the
(Title) of City of Grapevine, named as the Grantee
herein; and that (signator of outgrant), who signed the
foregoing instrument on behalf of the Grantee, was then (title
of signator of outgrant) of City of Grapevine. I further certify that the said officer was
acting within the scope of powers delegated to this governing body of the Grantee in
executing said instrument.
Date
AFFIX COMPANY SEAL
City of Grapevine
Authorized Representative
Title
NOTE: This form certifies that the person signing the attached instrument has the
authority to do so. The signature of the Secretary/Attesting Officer and the
individual signing the attached instrument cannot be the same person.
ACKNOWLEDGMENT
STATE OF TEXAS §
§ SS.
COUNTY OF TARRANT §
On this day of , 2025, before me, the
undersigned officer, personally appeared within named ,
, United States Army Corps of Engineers, Fort
Worth District, on behalf of the United States of America, and known to me to be the
person whose name is subscribed to the foregoing instrument by virtue of the above -
cited authority and acknowledged to me that he executed the same in such capacity for
the purposes and consideration therein expressed.
Given under my hand and seal this day of )2025.
Notary Public, State of Texas
My Commission Expires:
Printed Name:
STATE OF TEXAS §
§ SS.
COUNTY OF §
On this day of , 2025, before me, the
undersigned officer, personally appeared ,
known to me to be the person described in the foregoing instrument, who acknowledged
that he executed the same in the capacity therein stated and for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public, State of Texas
My Commission Expires:
Printed Name:
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CALLED: 130 ACRES
UNITED STATES OF AMERICA
L1
N88°55139"W
22.72'
GRAPEVINE RESERVOIR, "TRACT A-49"
L2
N01°03'58"E
15.00'
JUDGEMENT DATED MARCH 23,1951
HALLUM SURVEY
VOL. 2296, PG. 472, O.P.R.T.C.T.
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NOa 722
L3
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SEE ATTACHED METES & BOUNDS
DESCRIPTION ON PAGE 1 HEREIN
L5 N88°33'47"E 52.96' 0 50' 100'
L6 S06°53'18"E 39,44' EXHIBIT "A"
L7 N88°27'00"E 23.84' PERMANENT SANITARY GRAPHIC SCALE IN FEET
SEWER EASEMENT 1" = 100'
I L8 S01°32'57"E 15.00' 0.2249 ACRES (9,797 SQ. FT.) L5
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PROPERTY
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I a O.P.R.T.C.T. N:7,035,275.23
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JOEL L. HALLUM SURVEY ABSTRACT NO. 722
CITY OF GRAPEVINE,
TARRANT COUNTY, TEXAS
PROPERTY: UNTIED STATES OFAMERICA, V. 2296, PG. 472, O.P.R.T.C.T. I PROPERTY ACREAGE: 130ACRES (DEED)
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CURVE TABLE
RADIUS LENGTH CH. BEARING CH. LENGTH
50.85' 35.50' N23°25'07"W 34.79'
40.85' 28.52' S23°25'02"E 27.95'
LINE TABLE
DIRECTION DIST.
NO3°25'02"W
10.00'
N86°34'58"E
10.00'
S03°25'02"E
10.00'
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10.00'
The bearings and coordinates recited herein
are referenced to the Texas State Plane
Coordinate System, NAD-83, North Central
Zone 4202. Distances and areas shown are
surface. The units of measure for this
project are in US -FOOT.
0 20' 40'
GRAPHIC SCALE IN FEET
1"=40'
dOC�M �o Mn HOTMMAN SURVEY
CALLED: 130 ACRES AD,9-r[MAL"
UNITED STATES OF AMERICA
GRAPEVINE RESERVOIR, 'TRACT A-49"
JUDGEMENT DATED MARCH 23,1951
VOL. 2296, PG. 472, O.P.R.T.C.T. o°
DRAINAGE EASEMENT r- r; r SEE
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JOHN L. WHITMAN SURVEY, ABS. No. 1593
TRACT A-49, GRAPEVINE RESERVOIR
UNITED STATES OF AMERICA,
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
PROPERTY: UNITED STATES OF AMERICA, V. 2296, P. 472, O.P.R.T.C.T.
WHOLE PROPERTY ACREAGE: CALLED 130 ACRES (DEED)
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PERMANENT SANITARY SEWER EASEMENT
JOEL L. HALLUM SURVEY, ABSTRACT NO. 722
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
BEING a 0.2249 acre tract of land located in the Joel L. Hallum Survey, Abstract No. 722, City of Tarrant, Tarrant County, Texas,
said 0.2249 acre tract of land also being a portion of a called 130 acre tract of land conveyed to the UNITED STATES OF
AMERICA, by deed thereof filed for record in Volume 2296, Page 472, Official Public Records, Tarrant County, Texas
(O.P.R.T.C.T.), said 0.2249 acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a point on a south property line of the said 130 acre tract, same being on the north block line of Block A,
Shorewood Park, an addition to the said City and State according to the plat thereof filed for record in Volume 388-83, Page
29, O.P.R.T.C.T., from said beginning point a southeast property corner of the said 130 acre tract, bears North 88°27'00" East,
221.00 feet, said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 7,035,275.23 and
E: 2,399,177.95;
THENCE South 88°27'00" West, along the said property line, along the said block line, and in part along the north right-of-way
line of Hood Lane (being a variable width public right-of-way), 487.28 feet to the northwest right-of-way corner of said Hood
Lane, same being at the northeast property corner of a called 1.77 acre tract of land conveyed to Janet Marie Upchurch, by
deed thereof filed for record in Tarrant County Clerk's Instrument (Ins. No.) D224163454, O.P.R.T.C.T.;
THENCE North 88°55'39" West, along a south property line of the said 103 acre tract, and along the north property line of the
said 1.77 acre tract, 22.72 feet to a point from which a 1/2" iron rod with an illegible cap found at an interior southeast
property corner of the said 103 acre tract, same being the northwest property corner of the said 1.77 acre tract, bears North
88°55'39" West 127.28 feet;
THENCE over and across the said 103 acre tract the following courses and distances:
North 01°03'58" East, 15.00 feet;
South 88°55'39" East, 22.38 feet;
North 88°27'00" East, 406.57 feet;
North 01°42'00" West, 39.37 feet;
North 88°33'47" East, 52.96 feet;
South 06°53'18" East, 39.44 feet;
North 88°27'00" East, 23.84 feet;
South 01°32'57" East, 15.00 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.2249 acres (9,797 square feet) of land, more or less.
The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas North Central Zone
4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas shown hereon are calculated based
on surface measurements.
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby
02-05-25
state that the foregoing description accurately sets out the metes and bounds description of
�E . O.F. T
the easement tract described herein.
�P. ��`* RFo+y
CO
(P
...................
ERIC S. SPOONER
..........................
Eric S. Spooner, RPLS
Spooner & Associates, Inc.
5922
.0FE 0
Texas Registration No. 5922
TBPLS Firm No. 10054900
EXHIBIT "A" — UNITED STATES OF AMERICA — PAGE 1 of 2
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 -PH. 817-685-8448 - espooner@spoonersurvcyors.com - S&A 23078.1
1 of 3 EXHIBIT C
DRAINAGE EASEMENT
JOHN L. WHITMAN SURVEY, ABSTRACT NUMBER 1593
TRACT A-49, GRAPEVINE RESERVOIR TO UNITED STATES OF AMERICA,
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
BEING a 0.0096 acre tract of land located in the John L. Whitman Survey, Abstract No. 1593, City of Grapevine,
Tarrant County, Texas, said 0.0096 acre tract of land also being a portion of called 130 acre tract of land identified
as "Tract No. 49" and being conveyed to UNITED STATES OF AMERICA for Grapevine Reservoir, in Judgement
dated March 23, 1951, and being recorded in deed thereof filed for record in Volume 2296, Page 472, Official
Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0096 acre tract of land being more particularly
described by metes and bounds as follows:
COMMENCING at a United States Corps of Engineers (U.S.C.O.E.) Monument stamped "A-49-3" found at the
most southerly southwest property corner of the said 103 acre tract, same being on the east lot line of Lot 15,
Block 2, La Paloma Estates, First Section, an Addition to the said City and State, according to the plat recorded in
Volume 388-107, Page 93, said commencing point also being at the west lot corner of Lot 20, Block 2, La Paloma
Estates, Second Section, an Addition to the said City and State, according to the plat thereof filed for record in
Volume 388-116, Page 100, O.P.R.T.C.T., from said commencing point a U.S.C.O.E. Monument stamped "A-49-4"
found at an interior southwest property corner of the said 103 acre tract, bears North 00°46'06" West, 850.00
feet;
THENCE North 46°34'49" East, along a southeast property line of the said 103 acre tract and along the northwest
block line of said Block 2 (Second Section), 191.00 feet to the POINT OF BEGINNING of the herein described tract
of land, said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of N:
7,033,964.54 and E: 2,397,173.18, said beginning point being at the beginning of a non -tangent curve to the right
having a radius of 50.85 feet;
THENCE over and across said 103 acre tract the following courses and distances:
Along said curve to the right, an arc length of 35.50 feet, and across a chord which bears North 23°25'07"
West, a chord length of 34.79 feet;
North 03°25'02" West, 10.00 feet;
North 86°34'58" East, 10.00 feet;
South 03°25'02" East, 10.00 feet to the beginning of a non -tangent curve to the left having a radius of 40.85
feet;
Along said curve to the left, an arc length of 28.52 feet, and across a chord which bears South 23°25'02" East,
a chord length of 27.95 feet to a point on the said southeast property line of the 103 acre tract, same being
the northwest lot line of Lot 22, of said Block 2 (Second Section), from which a 1/2" iron rod with an illegible
cap found at the north lot corner of Lot 23, of said Block 2 (Second Section), bears North 46°34'49" East,
139.00 feet;
EXHIBIT "A" — UNITED STATES OF AMERICA "TRACT A-49" — DRAINAGE EASEMENT — PAGE I of 3
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 -PH. 817-685-8448 - espooner@spoonersurvcyors.com - S&A 23078
2 of 3 EXHIBIT C
DRAINAGE EASEMENT
JOHN L. WHITMAN SURVEY, ABSTRACT NUMBER 1593
TRACT A-49, GRAPEVINE RESERVOIR TO UNITED STATES OF AMERICA,
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
THENCE South 46°34'49" West, along the said southeast property line and along the said lot line, at a distance of
1.00 feet passing the west lot corner of said Lot 22, same being the said north lot corner of Lot 21, of said Block 2
(Second Section), continuing along the said southeast property line and along the northwest lot line of said Lot
21, in all a total distance of 10.00 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.0096 acres (420 square feet) of land,
more or less.
The bearings and coordinates recited hereinabove are referenced to the Texas State Plane Coordinate System,
NAD-83, North Central Zone 4202. Distances and areas shown are surface. The units of measure for this project are
in US -FOOT.
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the
foregoing description accurately sets out the metes and bounds description of the easement tract described
herein.
Eric S. Spooner, RPLS
Spooner & Associates, Inc.
Texas Registration No. 5922
TBPLS Firm No. 10054900
EXHIBIT "A" — UNITED STATES OF AMERICA "TRACT A-49" — DRAINAGE EASEMENT — PAGE 2 of 3
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurvcyors.com - S&A 23078
3 of 3 EXHIBIT C
ENVIRONMENTAL BASELINE SURVEY
DACw: 63-2-74-0132
Description: City of Grapevine Sewer Line Easement
1. General: Operations Division responsibilities for compiling with CERCLA are satisfied by
completing an Environmental Baseline Survey (EBS) (formerly the PAS/PEE) consisting of a
review of available records and interviews with persons or agencies who may have knowledge of
the past history of the property in question to determine if hazardous substances were released
(vented or spilled), stored, or disposed of on the property in threshold quantities. Note: If any
finding(s) are answered "Yes", describe details on a separate page and attach to this EBS.
a. Records Review.
Records
Finding
Review
No
Yes
Date
Master Plan
❑�
25 May 2023
OMP
❑�
25 May 2023
Permanent Files
❑�
25 May 2023
b. On -site Review
Finding
No Yes N/A Provision
Agency Finding
Interview No Yes Date
Aerial Photos 25 May 2023
ERGO Reports 25 May 2023
1) Is there any evidence of past or present treatment, storage, spillage, or
disposal of hazardous substances in the action area?
❑� ❑ ❑� 2) Is there any lead -based paint on any of the structures? (Visually inspect
existing buildings, if any, for lead based paint (LBP) (usually, paint walls
earlier than 1978.))
3) 1 s there any evidence of polychlorinated biphenols (PCB) contamination?
(Visually inspect boundaries and interior of the land area for presence of
leaking electrical transformers, and other potential sources of (PCB's)).
❑� ❑ 4) 1 s there any asbestos -containing materials in the area? (Visually inspect
existing buildings, if any, for asbestos -containing materials)).
❑
5)
Are there USTs on the property?
❑
6)
Are there above ground storage tanks on the property?
1 of 2 EXHIBIT D
2. Statement of Condition:
a. According to the information above, no hazardous substances were identified as
released, stored, or disposed on the property in threshold quantities.
b. The above information indicates hazardous substances were released, stored, or
disposed of on the property in threshold quantities.
1) The site has been tested and no contaminants were found in detectable levels.
The property is considered safe for the proposed use.
❑ 2) The site has been tested and contaminants were found in detectable levels.
Remedial action has been taken and the property is considered safe for the proposed
use.
3) The site has been tested and contaminants were found in detectable levels.
Remedial actions have not been taken. Details and justification for outgranting in the
current condition are attached.
❑ 4) The site has been tested and contaminants were found in detectable levels.
Remedial actions have not been taken. Therefore, Non -availability is
recommended.
5) The site has not been tested. Therefore, Non -availability is recommended.
Statements and/or Conditions:
(Either a, b (1, 2, 3, or 4))
LEDBETTER.PHILLIP. Dlgitaliyslgnedby
LEDBETTER.PHILLIP.M.1131253059 Lead Natural Resource Specialist
Signature: M.1131253059 Date: 2023.06.0212:06:50-05'00' Position:
(e.g. Park Ranger/Specialist/Manager, etc.)
Reserved for District Office
concurPlnonconcuroConclition:
HOWELL.AARON.W.1 Digitally signed by
H O W ELL.AARON. W.1266896855
Signature:266896855 Date: 2023.09.20 15:11:25 -05'00' Position:
(Statements and/or Conditions)
Natural Resource Manager
(Natural Resource Manager)
2 of 2 EXHIBIT D